Social networking app developer Kik Interactive is being sued by RIM, with the BlackBerry manufacturer alleging patent and trademark infringements by the Canadian start-up. RIM is requesting an injunction preventing the sale of Kik’s app, and is calling for “aggravated, punitive and exemplary damages for the wilful and deliberate violation of RIM’s rights.” In a statement, Kik Interactive says that the action is “unjustified and disappointing,” and that it will “vigorously defend the lawsuit brought by RIM.” The core issue appears to be the similarity of function and intention between Kik and RIM’s own social networking service, BlackBerry Messenger (BBM), with RIM stating that Kik has also described the product as “faster and more reliable.” It was also stated that the app fails to comply with “applicable privacy and data protection laws and regulations,” in the way that it processes personal information. The legal action follows RIM’s earlier decision to exclude the Kik app from its BlackBerry App World store, and block access to its “push” infrastructure – meaning that messages sent via Kik were subject to a delay of up to one hour.

The RIM filing notes that it has employed Ted Livingston, CEO of Kik Interactive, on three separate occasions, with two occasions explicitly liked to BBM. The company says that in his work, in addition to signing confidentiality agreements, Livingston had “access to RIM proprietary information including but not limited to technical information, development plans for BlackBerry Messenger, market research, internal reports, presentations and other commercially sensitive or secret information.” Livingston also allegedly gained access to further confidential information as a member of RIM’s BlackBerry Alliance Program, with RIM stating that “initially, to gain access to and integrate its applications with RIM’s BlackBerry infrastructure, the Defendant represented to RIM that it was developing a music sharing service to integrate with the BlackBerry Messenger platform… instead the Defendant created a cross-platform instant messaging application for use with various smartphone platforms.” Kik says that its app, which is also available for iOS and Android, went “massively viral” after a relaunch in mid-October 2010, with one million users signing up in two weeks, and more than 2.5 million on-board by mid-November 2010.